Your SlideShare is downloading. ×
0
PDF Legal Update, Anne-Marie Piper, Farrer and Co
PDF Legal Update, Anne-Marie Piper, Farrer and Co
PDF Legal Update, Anne-Marie Piper, Farrer and Co
PDF Legal Update, Anne-Marie Piper, Farrer and Co
PDF Legal Update, Anne-Marie Piper, Farrer and Co
PDF Legal Update, Anne-Marie Piper, Farrer and Co
PDF Legal Update, Anne-Marie Piper, Farrer and Co
PDF Legal Update, Anne-Marie Piper, Farrer and Co
PDF Legal Update, Anne-Marie Piper, Farrer and Co
PDF Legal Update, Anne-Marie Piper, Farrer and Co
PDF Legal Update, Anne-Marie Piper, Farrer and Co
PDF Legal Update, Anne-Marie Piper, Farrer and Co
Upcoming SlideShare
Loading in...5
×

Thanks for flagging this SlideShare!

Oops! An error has occurred.

×
Saving this for later? Get the SlideShare app to save on your phone or tablet. Read anywhere, anytime – even offline.
Text the download link to your phone
Standard text messaging rates apply

PDF Legal Update, Anne-Marie Piper, Farrer and Co

253

Published on

Anne-Marie covers the Charities Act implementation and review, Bribery Act, Equality Act and regulation by the Charity Commission.

Anne-Marie covers the Charities Act implementation and review, Bribery Act, Equality Act and regulation by the Charity Commission.

Published in: Education, Travel
0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total Views
253
On Slideshare
0
From Embeds
0
Number of Embeds
1
Actions
Shares
0
Downloads
2
Comments
0
Likes
0
Embeds 0
No embeds

Report content
Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
No notes for slide

Transcript

  • 1. Charity Finance Directors’ GroupLegal UpdateAnne-Marie PiperFarrer & Co LLP12 May 2011
  • 2. In this session• Charity Commission• Charities Act 2006• Public Benefit• Charity Tribunal• Finance Act 2010• Equality Act 2010• Bribery Act
  • 3. Charity Commission• New Chief Executive: Sam Younger• Funding for the Commission predicted to fall by 25-30%• Staff numbers have dropped by 30% since 2006• Drop in funding of 16% in real terms since 2006• Strategic review • Consultation variation until 14 January 2011 • Completion/implementation from May 2011
  • 4. Charities Act 2006• Charitable Incorporated Organisations (CIOs) - Postponed• Public Charitable Collections – No progress• Statutory review of the Act due this year• Consolidation Act in the pipeline: • Charities Act 2006 • Charities Act 1993 • Recreational Charities Act 1958
  • 5. Public Benefit• Charity Commission assessments: • Independent schools/care homes – review of those that failed • Arts organisations • Sports charities • Private hospitals and healthcare charities – assessments scrapped• ISC’s application for judicial review• Attorney General’s referral of questions relating to the guidance on:- • Independent schools • Benevolent funds
  • 6. Charity Tribunal• Only hears appeals against decisions of the Charity Commission• BUT only some decisions• Small number of cases to date• Pragmatic approach• Costs and the use of lawyers
  • 7. Finance Act 2010• Background• Taxes covered• Implementation• The new test for charity – it must: • be established for charitable purposes only • meet a “jurisdiction condition” • meet a “registration condition” • meet a “management condition”
  • 8. Further reading – Finance Act 2010• Farrer & Co briefings: www.farrer.co.uk• HMRC guidance: http://www.hmrc.gov.uk/charities/guidance- notes/chapter2/fp-persons-test.htm
  • 9. Equality Act 2010• Background• Framework • Protected characteristics • Activities within the scope of the Act • Direct and indirect discrimination • Exceptions• What charities need to do • Review – objects, policies, projects • Training and information – trustees, staff and others • Consider – for future projects and activities
  • 10. Further reading – Equality Act 2010• Farrer & Co briefings: www.farrer.co.uk• Equality and Human Rights Commission: http://www.equalityhumanrights.com/legislative-framework/equality- bill/ • What equality law means for your voluntary and community sector organisation (including charities and religion or belief organisations)• Charity Commission summary guidance http://www.charity-commission.gov.uk/library/equality act summary.pdf • Further guidance expected in 2011
  • 11. Bribery Act 2010• Background• In force 1 July 2011• 4 new offences • active bribery (bribing another person) • passive bribery (being bribed) • bribery of a foreign public official • failure to prevent bribery• Guidance issued by the Ministry of Justice• What this means for charities • Review policies, procedures and contracts • Training • Charities operating overseas
  • 12. Further reading – Bribery Act 2010• Farrer & Co briefings: www.farrer.co.uk• Ministry of Justice Guidance: www.justice.gov.uk/downloads/guidance/making-reviewing- law/bribery-act-2010-guidance.pdf

×